BILL ANALYSIS Ó
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|Hearing Date:June 6, 2011 |Bill No:AB |
| |956 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 956Author:R. Hernandez
As Amended:May 27, 2011 Fiscal: Yes
SUBJECT: Marriage and family therapy: interns and trainees:
advertisements.
SUMMARY: Requires a marriage and family therapist intern and a
marriage and family therapist trainee, prior to performing
professional services, to provide each client or patient with the name
of his or her employer and indicate that he or she is under the
supervision of a licensed person, as specified, and requires any
advertisement by or on behalf of an intern or trainee to include
specified information; requires an intern's registration number to be
disclosed to clients and patients and in advertisements.
Existing law:
1) Licenses and regulates the practice of marriage and family
therapists (MFTs), and provides for the registration and regulation
of MFT interns, and MFT trainees by the Board of Behavioral
Sciences (BBS) within the Department of Consumer Affairs.
2) Authorizes MFT interns and trainees to perform counseling
activities and services in certain work settings; and requires that
a trainee or intern shall at all times be under the supervision of
a supervisor.
a) Requires the supervisor to be responsible for ensuring that
the counseling performed is consistent with the training and
experience of the person being supervised, requires the
supervisor to be responsible to the BBS for compliance with all
laws, rules, and regulations governing the practice of marriage
and family therapy. (Business and Professions (BPC) § 4980.43)
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b) Defines "supervisor" to include an MFT, licensed clinical
social worker (LCSW), licensed psychologist, or licensed
physician certified in psychiatry. (BPC § 4980.03)
3)Requires MFT interns and trainees to inform each client or patient
prior to performing any professional services that he or she is
unlicensed and under the supervision of a licensed marriage and
family therapist (MFT), licensed clinical social worker (LCSW),
licensed psychologist, or a licensed physician and surgeon certified
in psychiatry. (BPC §§ 4980.44, 4980.48)
4)Requires any advertisement for services performed by a trainee to
include the trainee's name, the supervisor's license designation or
abbreviation, and the supervisor's license number. (BPC § 4980.48)
This bill:
1)Requires an MFT intern to additionally inform clients or patients
prior to performing professional services that he or she is an
unlicensed MFT intern, provide his or her registration number and
the name of his or her employer.
2)Requires any advertisement by or on behalf of a MFT intern to include
at a minimum the following information:
a) That he or she is a registered intern.
b) The intern's registration number.
c) The name of the intern's employer.
d) That the intern is supervised by a licensed person.
1) For MFT interns, prohibits the use of the abbreviation "MFTI" in an
advertisement unless the title "marriage and family therapist
registered intern" appears in the advertisement.
2) Requires an MFT trainee to additionally inform clients or patients
prior to performing professional services that he or she is an
unlicensed MFT trainee, and the name of his or her employer.
3)Requires any advertisement by or on behalf of a MFT trainee to
include at a minimum the following information:
a) That he or she is an MFT trainee.
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b) The name of the trainee's employer.
c) That the trainee is supervised by a licensed person.
FISCAL EFFECT: The Assembly Appropriations Committee analysis, dated
May 4, 2011, indicates a negligible state fiscal impact.
COMMENTS:
1. Purpose. This bill is sponsored by California Association of
Marriage and Family Therapists (Sponsor). According to the Author,
misleading and deceptive online advertisements offering mental
health services are becoming an emerging trend, and more
advertisements offering marriage and family counseling are created
by unqualified individuals. The Author states that an increasing
number of such advertisements are published by MFT interns, who by
law, may only provide services to the public as an employee or a
volunteer for a licensed person or other lawful entity, and can
only do so under appropriate supervision. Certain advertisements
appear to offer services performed by licensed professionals, but
are instead carried out by interns, and the Author indicates, the
advertisements can mislead consumers to believe interns are medical
professionals by using the acronym MFTI, instead of explicitly
stating the full title of the intern. "Unfortunately, this type of
misleading advertising is increasing. If left unaddressed, those
seeking mental health services from a licensed professional may
unknowingly receive inferior care from an unlicensed individual."
The Author further indicates that this ambiguity is found not only
in online advertisements, but within some medical clinics as well.
Currently, MFT interns must disclose their intern status before
treating patients; however other critical information, such as the
disclosure of whether the MFT intern is under the supervision of a
licensed professional, may be omitted.
This bill will encourage truthfulness in advertising and will allow
consumers to make informed choices when choosing a mental health
provider, according to the Author.
2. Background. Only licensed mental health professionals may
supervise MFT interns and trainees. Licensed mental health
professionals include MFTs, LCSWs, licensed psychologists, and
licensed physicians certified in psychiatry by the American Board
of Psychiatry and Neurology. Additionally, the supervisor must
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maintain a current valid California license for at least two years.
The Board requires supervisors of registered interns and trainees
to complete a minimum of six hours of supervision training or
coursework within two years immediately preceding supervision (or
within 60 days of commencement of supervision) and every renewal
period thereafter. Psychologists and physicians certified in
psychiatry are exempt from supervision training.
3. Related Legislation. SB 363 (Emmerson), allows MFT trainees to
continue counseling clients while not enrolled in a practicum if
the lapse in enrollment is less than 45 days; limits the number of
client-centered advocacy hours for a marriage and family therapist
intern to 500 hours; and allows LPCCs to supervise MFT interns if
they meet additional training and education requirements to treat
couples and families. That bill passed this Committee on April 11,
2011 on a 7-0 vote, and has been referred to the Assembly Business,
Professions and Consumer Protection Committee.
SB 146 (Wyland) revises various provisions relating to the practice of
mental health professionals to also include the practice of
licensed professional clinical counselors, clinical counselor
trainees, and clinical counselor interns; makes technical updating
and conforming changes. That bill passed this Committee on April
11, 2011 on a 9-0 vote, and has been referred to the Assembly
Business, Professions and Consumer Protection Committee.
SB 704 (Negrete McLeod) revises and recasts examination requirements
for marriage and family therapists and interns and for licensed
clinical social workers and associate social workers; makes
technical cleanup and conforming changes. That bill was approved
on Consent by this Committee on April 4, 2011, and is currently
awaiting hearing in the Assembly Business, Professions and Consumer
Protection Committee.
AB 583 (Hayashi, Chapter 436, Statutes of 2010) mandates similar
disclosures for physicians and other health care professionals.
4. Arguments in Support. In Sponsoring the bill, California
Association of Marriage and Family Therapists writes, "Current law
governing advertising by or on behalf of a marriage and family
therapist registered intern or trainee?does not adequately inform
members the public who the employer of the intern or trainee is,
who the supervisor of the intern or trainee is, and what the
supervisor's licensure status is. Additionally, the use of 'MFTI'
by marriage and family therapist registered interns is confusing
and misleading. The Sponsor argues that is important for interns
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and trainees to identify who their employers are and that they are
under the supervision of an appropriately licensed professional.
"These changes in the law will assure that there is no ambiguity
with respect to how marriage and family therapist registered
interns or trainees advertise or identify themselves. These
changes also insure that the public will know the unlicensed status
of the individual prior to engaging in professional services with
any marriage and family therapist registered intern or trainee."
The California Psychiatric Association believes the bill will provide
transparency to the consumer related to the qualifications of their
therapist by requiring interns to disclose their status as interns
when they treat those consumers.
The Board of Behavioral Sciences (Board) supports the bill, stating
that bill clarifies inconsistencies in the law relating to
advertising. The recent amendments for requiring the registration
number to be included in MFT intern advertising and to be given to
clients were made at the Board's request, and will provide greater
consistency and clarity according to the Board.
SUPPORT AND OPPOSITION:
Support:
California Association of Marriage and Family Therapists (Sponsor)
Board of Behavioral Sciences
California Psychiatric Association
Opposition:
None on file as of May 31, 2011
Consultant:G. V. Ayers